Liability for Association Fees After Bankruptcy

I am frequently asked about liability of homeowners for condo and homeowner association fees, where the homeowner has surrendered their property in their bankruptcy, but the bank has not yet foreclosed for one reason or another. The answer is provided by 11 U.S.C. 523(a)(16), which provides that:

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case;

Short answer: for as long as the homeowner is on the deed, that homeowner is responsible for fees and assessments arising after the bankruptcy. All pre-bankruptcy fees or assessments are discharged as provided by in each bankruptcy chapter.